Does a student have the right to challenge a grade or other determination?

"New York", United States of America

The following excerpt is from Susan M. v. New York Law School, 556 N.E.2d 1104, 557 N.Y.S.2d 297, 76 N.Y.2d 241 (N.Y. 1990):

As a general rule, judicial review of grading disputes would inappropriately involve the courts in the very core of academic and educational decision making. Moreover, to so involve the courts in assessing the propriety of particular grades [76 N.Y.2d 247] would promote litigation by countless unsuccessful students and thus undermine the credibility of the academic determinations of educational institutions. We conclude, therefore, that, in the absence of demonstrated bad faith, arbitrariness, capriciousness, irrationality or a constitutional or statutory violation, a student's challenge to a particular grade or other academic determination relating to a genuine substantive evaluation of the student's academic capabilities, is beyond the scope of judicial review (see, Regents of Univ. of Mich. v. Ewing, 474 U.S. 214, 225, 106 S.Ct. 507, 513, 88 L.Ed.2d 523; Morpurgo v. United States, 437 F.Supp. 1135, supra; Connelly v. University of Vt., 244 F.Supp. 156, supra).

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